Discovery is an essential tool in litigation. It allows plaintiffs to gather support for their claims that the defendant caused the plaintiff’s harm and should be held accountable for any resulting damages. Defendants are afforded certain protections in the discovery process, however, and cannot be compelled to produce privileged information.
As shown in a recent case in which a Florida appellate court upheld an order compelling discovery, a defendant is not permitted to inappropriately evade discovery based on false claims of privilege. If you sustained damages in a South Florida car accident, you should confer with an experienced attorney to discuss your case and any potential obstacles to your recovery of damages.
Factual and Procedural History
Reportedly, the plaintiffs were involved in a motor vehicle collision with the defendant driver. At the time of the accident, the defendant driver was driving a tractor-trailer owned by the defendant employer. The plaintiffs filed a lawsuit against the defendants and the parties engaged in discovery. During the discovery process, the defendants listed a private investigator as a fact witness. The private investigator was subpoenaed for a deposition and asked to bring any documents containing information regarding his investigation of the plaintiffs. At the end of the private investigator’s deposition, plaintiff’s counsel indicated the private investigator would provide further opinions at a later date.